By TWN Team
A legal battle is brewing in the Environment and Land Court at Kwale, where Building Fire Consultants Co. Ltd. has accused several government officials of contempt of court.
The dispute centers on parcels of land (Kwale/Diani Complex/ 721, 784, 785, and 786) with the County Government of Kwale as the respondent.
The court issued temporary injunctive orders on February 3, 2025, which restrained the respondent from any activities on the properties. The applicant, Building Fire Consultants Co. Ltd. claims these orders were ignored.
The applicant, through their advocate, Elkana Mogaka of Elkana Mogaka & Associates Advocates, has filed a certificate of urgency and filed a notice of motion, seeking several orders from the court.
The Notice of motion seeks an explanation from the office of the Attorney General, the Principal Secretary Ministry of Lands, the Coordinator Affordable Housing Project, and the County Commissioner Kwale County on their alleged disobedience of the court orders.
Further the applicant seeks the arrest of the mentioned officials if they fail to comply with the summons and be held in contempt of court and be committed to civil jail.
“That the County Attorney be cited for perjury for uttering false statements under oath before Hon. Justice L.L Naikuni on 17th July 2025,” stated the motion.
The applicant’s supporting affidavit, sworn by Jane Ngatia, the Director of Building Fire Consultants Co. Ltd., states that the government officials have “willfully disobeyed” the court orders by continuing construction work, including erecting a gate and fence on the properties.
In her affidavit, Jane Ngatia stated: “The actions by the Honourable Attorney General, the Principal Secretary Ministry of lands, Coordinator Affordable Housing Project and the County Commissioner Kwale County undermine the dignity of this Honourable Court obstruct the cause the cause of justice and necessitate punitive action for contempt.”
The applicant’s advocate, Elkana Mogaka , emphasized the urgency of the matter saying “The applicant will suffer irreparable harm should the court fail to urgently intervene and enforce its orders, as the Honourable Attorney General, the Principal Secretary Ministry of Lands, the Coordinator Affordable Housing Project and the County Commissioner, Kwale County are actively altering the status of the suit properties in a manner that may render the dispute moot or irreversible.”
The documents submitted to court indicate that the County Executive Committee (CEC) Member for Lands allegedly issued correspondences authorizing the construction, further compounding the situation.
